The employment record book is the main supporting document demonstrating the facts relating to the employment relationship. The Labour Code imposes an obligation on the employer to make accurate and timely entries in a worker's or an employee’s employment record book.
In the event of termination of the employment relationship, the employer is required to enter the information relating to the termination in the employment record book and to deliver it immediately to the employee. The employer does not have the right to detain it afterwards. In case the employer fails to comply with this obligation, it is legally possible for you to request assistance from the relevant Labour Inspectorate Directorate that is competent for the territory where the employer company has its registered address.
The employer and the officials at fault are jointly and severally liable for the damage caused to the employee as a result of the unlawful retention of his/her employment record book once the employment relationship has been terminated. Such detention is unlawful in all cases where the employment relationship has ended, whether through fault or without fault on the part of the official responsible for filling in and delivering the employment record books. A dispute relating to the failure to deliver the employment record book in due time and the damage suffered as a result is resolved by a court. The time limit for bringing an action is three years from the date on which the entitlement falls due or the day on which it becomes enforceable.
Reference: Article 350(1) and Article 226(2) of the KT; Article 358(1)(3) and (2) of the KT; Article 6 of the Decree on employment record books and length of service